DoktoraAçık Erişim

The use of force according to constitution and international law

2007
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Danışman: Prof.dr. Fevzi Demir

Özet (EN)

The use of force is a distinctive indication of sovereignty. In the first chapter the concept of sovereignty is dicussed firstly because of te importence for the study. Without democracy severeignity is not legal. This fundemental principle indicates that the owner of the sovereignity is the nation or the common people (public). There are three main compenents in the use of sovereignity. These are legislation, execution and the adjudicatory power. Secondly the concept of the use of force especially before the United Nations and after is discussed. Then the relationship between soverignty and use of force discussed in this chapter. In the second chapter institutions authorized to use of force according to constitution and their competens are discussed. Laws on this subject is not explicit. Authorities of the president in the use of force, especially how president use it and discussions on the chef commander are studied in this chapter extensively. Constitution confines institutions authorized to use of force with international Law because of this constitutional principle the use of force in international law is also studied. International Law confines the authority of state in the use of force. In this connect the use of force based on the decision of United Nations and self defence and the use of force which can not be defined as war are studied. The legality of the use of force in First and Second Iraqi (Gulf) Crises and attitudies of Turkish Authorities in the use of force is considered in the last chart with the principles mentioned above. Inferences are staded in conclusions.

Yazar

Aydın İpek

Bu Yayına Nasıl Atıf Yapılır

Aydın İpek (Doctorate thesis). The use of force according to constitution and international law, 2007, Dokuz Eylül University.

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